Los Angeles daily herald., 1887-08-30
STANFORD SUSTAINED.
The Application of the
Commissioners Denied.
1T is UNCONSTITUTIONAL.
Field Says That Congress Has No
Right to Inquire Into a COrpO-
ratiOn's Private Affairs.

Associated Press Dispatches to the HERALD.I
SAN Francisco, August 29.--Justice
Field, of the United States Supreme
Court, this morning delivered an
opinion in the application Of the Pa
cific Railroad Commission to compel
Senator Stanford and other vHicers Of
the Central Pacific to answer certain
questions in regard to the expenditure
of funds for the purpose Of influencing
legislation.
FIELDS DECISION.
The opinion of the Court is that the
part of the Act of Congress creating
the Commission, which invites the
cooperation of the Court in assisting
the Commission to cary on the in
vestigation is unconstitutional.
THE APPLICATION DENIED.
The Court therefore declines to
make an order compelling the officers
to answer questions, and also declines
to make an order giving the Commis-
sion access to the books Of the various
construction companies.
THE JUDGES ARGUMENT.
In the decision Justice Field said:
"The Commission is not a judicial
body and cannot determine the rights
of the government or of the compa-
nies whose affairs it investigates. Ii
is mere board of inquiry to investi-
gate certain matters and report the re-
suit of its investigation to the Presi-
dent, who is to lay the matter before
Congress"
SOMETHING LIKE CENSUS AGENTS.
1.-THE Commissioners have been
compared with census agents as to
their powers of compelling answers,
but census agents, while able to conn
pei answers as to age, occupation and
other matters of general interest, cam
not compel answers as to private busl-
ness. Congressional commissions cam
not compel the production of private
papers of any citizen except in the
progress of judicial proceedings or in
suits instituted for that purpose and in
both cases only upon averment that
its rights are in some way dependent
for enforcement upon the evidence
such papers contain"
1T Is ALTOGETHER UNcoNsTTumoNAL-
A number of authorities were cited
to prove that Congress had no right
to inquire into any citizens private
affairs" The courts are as open to the
United States as to the private citizen,
and both can there secure by regular
proceedings ample protection Of all
rights and interests which are entitled
to protection under the government OF
the written constitution and laws. Az
to the vouchers, about which the prin-
ciple questions were asked, the Conn
missioners concede that the moneys
covered by them were not charged
against the United States"
PURELY A PRIVATE MATTER.
"In ascertaining the net earnings OF
the company, if such were the case, il
is difficult to see what interest the
United States can have in the dis
position of these moneys. Be that ~
it may, the federal court cannot upon
that concession aid the Commissioners C
in ascertaining how the moneys were
expended"
THE COURTS ARE SUPREME.
Judicial power is vested in the
courts and can only be exercised by
them. Congress cannot require judi
cial power to be exercised in other
way. Consequently the provisions of
the act authorizing the courts to aid
in the investigation must be adjudged
void. If rights are to be protected or
wrongs redressed by any investiga-
tion it must be conducted by regular
proceeding in the courts of justice in
cases authorized by the constitution
SEE KILBoURN VS.. THOMPSON.
"Justice Field also referred to the
case of Kilbourn VS.. Thompson, which
grew out of the resolution adopted by
the House of Representatives author
izing the investigation of certain at
fairs of the firm of Jay Cooke & Co.
One Kilbourn was summoned as q
witness, but he refused to testify, and
on warrant issued by the Speaker Of
the House, Kilbourn was arrested by
Sergeant-at-ArmsT Thompson, and inn
prisoned As days.
KILBoURN INSTITUTED PROCEEDINGS.
He afterwards sued the sergent-at-
arms for the forcible arrest and con-
finement, and after a long series OF
litigation the Supreme Court of the
District Of Columbia finally gave Kill
bourn judgment for 800, 900 against
the sergeant-at-arms. The amount
was subsequently, reduced to $25, 900.
which was paid by order of Congress.
MONUMENT OF JUSTICE.
This case, said Justice Field, twill
stand for all time as a bulwark against
the invasion of the rights of citizen,
and showing the protection to his
private affairs against the unlimited
scrubbing of investigation by Con-
gressional Committee"